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Senate passes new COA panel bill

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The Indiana Senate has given its OK to add three judges to the state's second highest appellate court.

By a 47-2 vote just before 7 p.m. Monday, senators passed Senate Bill 35 that would create a sixth Indiana Court of Appeals panel and increase the number of judges from 15 to 18 starting in January 2010. Sen. Vi Simpson, D-Bloomington, and Sen. James Lewis, D-Charlestown, voted against the legislation, though no one spoke against the bill on the floor.

Bill author Sen. Richard Bray, R-Martinsville - chair of the Senate Judiciary Committee that unanimously authorized this bill and also the leader of the Commission on Courts that's repeatedly recommended the panel's creation in past years - reminded his colleagues that this new panel of judges has been recommended for at least five years, and that it's inevitable and becomes more pressing each year.

"Each year we need it a little worse," he said, referring to a growing appellate caseload nearing 3,000 a year.

During a Senate Judiciary meeting in January, Chief Judge John Baker said the court achieved a clearance rate of 100 percent last year and maintains an average turnaround time for decisions of about 1 ½ months - two points that allows Indiana's intermediate appellate court to be able to say it's the most efficient court of its kind nationally.

While the court is doing well to keep up and the chief judge hasn't made any official request for more judges, both he and Bray said the need will eventually become critical as the ever-growing caseload continues but the judicial resources remain the same. If the General Assembly doesn't add more judges, Bray said the court will be left with options of writing fewer opinions, spending less time on cases, or decreasing the quality of its judicial work - none of those are legally desirable, he said.

"This may be subject to budget constraints and may not happen this year," he said. "But once again, we keep postponing the inevitable. If the fiscal people could find anyway to get this in, I think it would benefit our state, our legal system, and everyone."

A hurdle may arise for the legislation now that it moves to the Democrat-controlled House of Representatives: The bill's fiscal impact statement estimates spending $1.3 million the first year and $2.2 million thereafter, which could cause more legislative apprehension.

If the General Assembly passes the legislation and the governor signs it into law, the Judicial Nominating Commission would begin the selection process later this year, according to the proposal.

Reps. Linda Lawson, D-Hammond, and Kathy Richardson, R-Noblesville, have agreed to sponsor the appellate judge panel legislation in the House.

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  1. Ah yes... Echoes of 1963 as a ghostly George Wallace makes his stand at the Schoolhouse door. We now know about the stand of personal belief over service to all constituents at the Carter County Clerk door. The results are the same, bigotry unable to follow the directions of the courts and the courts win. Interesting to watch the personal belief take a back seat rather than resign from a perception of local power to make the statement.

  2. An oath of office, does it override the conscience? That is the defense of overall soldier who violates higher laws, isnt it? "I was just following orders" and "I swore an oath of loyalty to der Fuhrer" etc. So this is an interesting case of swearing a false oath and then knowing that it was wrong and doing the right thing. Maybe they should chop her head off too like the "king's good servant-- but God's first" like St Thomas More. ...... We wont hold our breath waiting for the aclu or other "civil liberterians" to come to her defense since they are all arrayed on the gay side, to a man or should I say to a man and womyn?

  3. Perhaps we should also convene a panel of independent anthropological experts to study the issues surrounding this little-known branch of human sacrifice?

  4. I'm going to court the beginning of Oct. 2015 to establish visitation and request my daughters visits while she is in jail. I raised my grandchild for the first two and half years. She was born out of wedlock and the father and his adopted mother wantwd her aborted, they went as far as sueing my daughter for abortion money back 5mo. After my grandchild was born. Now because of depression and drug abuse my daughter lost custody 2 and a half years ago. Everyting went wrong in court when i went for custody my lawyer was thrown out and a replacment could only stay 45 min. The judge would not allow a postponement. So the father won. Now he is aleinating me and my daughter. No matter the amount of time spent getting help for my daughter and her doing better he runs her in the ground to the point of suicide because he wants her to be in a relationship with him. It is a sick game of using my grandchild as a pawn to make my daughter suffer for not wanting to be with him. I became the intervener in the case when my daughter first got into trouble. Because of this they gave me her visitation. Im hoping to get it again there is questions of abuse on his part and I want to make sure my grandchild is doing alright. I really dont understand how the parents have rights to walk in and do whatever they want when the refuse to stand up and raise the child at first . Why should it take two and a half years to decide you want to raise your child.The father used me so he could finish college get a job and stop paying support by getting custody. Support he was paying my daughter that I never saw.

  5. Pence said when he ordered the investigation that Indiana residents should be troubled by the allegations after the video went viral. Planned Parenthood has asked the government s top health scientists at the National Institutes of Health to convene a panel of independent experts to study the issues surrounding the little-known branch of medicine.

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